Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 31 March 2015), February 1763 (17630223).

Old Bailey Proceedings, 23rd February 1763.

PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Goal-Delivery FOR THE CITY of LONDON; And also the Goal-Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 23d, Thursday the 24th, and Friday the 25th of FEBRUARY.

In the Third Year of His MAJESTY's Reign. Being the Third SESSION in the MAYORALTY of The Right Honurable William Beckford , Esq; LORD-MAYOR of the CITY of LONDON.

NUMBER III. for the YEAR 1763.

LONDON:

Printed for and Sold by JOHN RYALL , in Fleet-Street.

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.

BEFORE the Right Honourable WILLIAM BECKFORD , Esquire, Lord Mayor of the City of London; Sir Henry Gould *, Knt. one of the Judges of his Majesty's Court of Common Pleas; the Honourable Mr. Baron Perrott +, Sir William Moreton ++, Knt. Recorder; James Eyre ~, Esquire, Deputy Recorder; and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol-Delivery of Newgate, holden for the said City and County of Middlesex.

N. B. The *, +, ++, and ~, refer to the Judges before whom the Prisoner was tried. L. London, M. Middlesex.

William Ashworth . I live in Bowl-yard, St. Giles's. About 9 o'clock on the 13th of January last, at night, as I was in bed, my wife fell into a fit; she was pulling off her gown, and it struck against the candle, and put it out: I was obliged to hold her: I heard somebody in the passage; I called, and begged they would come in and light my candle for me: she had 2 fits, which continued some time. I had seen some linnen in a tub that day, which my wife had put there ready for washing. And in the morning my wife first missed her pocket, then her cardinal, then she went to look for the linnen, and that was all gone.

Q. Who lighted the candle for you?

Ashworth. Clements did. Jane Knight lived in the same house, she was coming down stairs as we missed the things, we called her into the room, and told her our loss. My wife said she had not a farthing left in the world, and desired she would go and pawn a gown for her. She went with it, and the pawnbroker would not take it in. Then my wife, and she, went to the alehouse for a dram; there the landlord informed her, there had been a woman at his house drying wet linnen by the fire that night, who had set her up some drams there, and that he should know her again if he saw her. Then Knight said, do not be afraid about your cardinal, for a young woman brought it to her room: she delivered it to my wife, and went with her and me in search of Clements; and at Clements's mother's house, in the Coal-yard, there we found my wife's pocket; we took the mother in charge till we found the daughter: when she was taken, she confessed she had sold a shirt and a shift to a woman in St. Giles's for 18 d. which we found accordingly: we found one of my wife's aprons, not quite dry, at Mr. Desalear's, a pawnbroker, pawned in the name of Jane Knight ; after that we got a search warrant, and found there 3 handkerchiefs pawned in her name.

Ann Ashworth . I am wife to the prosecutor.

She confirmed the account given by her husband, with this addition, That Clements owned she took away a white apron full of linnen, which she lost in the street. (The shirt, shift, and apron produced in court, and deposed to by the prosecutor's wife.)

Anthony Desalear . I am a pawnbroker, I live in Holborn. Jane Knight brought this check apron, and pawned it with me on the 13th of Jan. about 9 or 10 at night; she had brought 2 handkerchiefs the day before. (Produced in court and deposed to.)

Mary Weatherly . I live in St. Giles's, and keep a sale shop in a cellar. I bought this shirt and shift, here produced, of Jane Knight ; it was some time since Christmas, I cannot tell the exact time.

Knight's Defence.

I found the 2 handkerchiefs as I was coming down stairs, they were all dirty, that was a week before she says she was robbed.

Clements's Defence.

I washed the things for the prosecutor's wife, she was drunk, she sent for half a pint of gin to make me drink. Another woman came in, she charged her with taking the things. She went out, and came home with her gown torn from her back, and said she was stopt in the street: she gave me a shirt and a shift to make me a handkerchief of. She makes it her practice to take poor creatures lives away. She was in Newgate herself a sessions or two ago

Prosecutrix. I was, but I was discharged. I have a good opinion of Jane Knight ; I believe this woman was the most to blame.

George Jennings . I live opposite to Exeter-Change in the Strand. The prisoner was my servant . On the day the fire was in the Strand, a friend of mine put up some of my things, in order for moving them in case of danger; these things mentioned were put into a bag, and there they lay 3 or 4 days; as we were alarmed a second time with the fire, we thought proper to let them abide in the bag; and about a fortnight ago this gold case of the watch was missing.

Q. Had you seen it between the time it was put into that bag, and the time it was missing?

Jennings. I saw it the day after the fire, and not after that, till it was found upon the prisoner on Friday the 18th. The prisoner had let a lodger's servant see the watch-case, who informed us of it; upon which she was taken up, and before justice Mombray she said she picked it up the day after the fire, as she was sweeping the shop, and that she intended to give it to her mistress. (Produced in court and deposed to.)

Q. When was the fire?

Jennings. It was a month ago last Friday.

Mary Jennings . I am wife to the prosecutor, the prisoner was my servant for 3 months. The watch-case was missing about a fortnight ago; I asked her if she had seen it; she said, no, madam, but I hope we shall find it: I never suspected that she had it. Elizabeth Scarborough said she had seen such a case in the custody of the prisoner. I called her up, and told her, I heard she had got a watch, and desired her to oblige me with the sight of it. She said, she had not got it then, but it was not a gold case, and she had sent it to her brother 3 months ago. I said, I heard you had one last Monday se'nnight in your pocket; she positively denied it. I asked her if she would let me look into her box. She said, with all her heart. I looked into her box, but could not find any thing that I could accuse her with. When she and Elizabeth Scarborough were together, I began about it again: then the prisoner began to equivocate a little; then we thought proper to send for a constable; when he came, she pulled me by the apron, and said she would tell me where it was, and, when she and I got to the dining room door, she said, I charge you, madam, not to say that. I had it. I went up into her room, she took it from under her bed, and gave it into my hand: when she came down, she said, she picked it up wrapped up in a paper, in the back shop, and had an intention to give it me again. She had told it to some in the family, that she had some table linnen and sheets at her brother's. I sent to her brother, desiring him to bring what he had of that sort of hers to me; the next morning her brother and sister came, and brought 3 table cloths, and a pair of sheets, which I swore to to be my property, which at that time I had not missed, the prisoner was then in Newgate

Elizabeth Scarborough. I live servant with a lodger at Mr. Jennings's; last Monday was fortnight I was in the kitchen, I wanted to know what it was o'clock; the prisoner pulled out a gold case of a watch, it was in whited brown paper, and I saw some cotton in the inside of it. She said, this is another watch which her sister had left her, that her sister had left her two.

Prisoner's Defence.

I found the watch-case wrapped up in paper, as I was sweeping the shop, I put it into my pocket, but did not intend to keep it.

John Scholey . I live in Chamber-street, Goodmans-fields . I lost the things mentioned in the indictment on the 24th of Jan. I imagined they were taken away between 3 and 4 in the afternoon; we thought we heard somebody come into the passage, thinking it might be one of our lodgers, we did not go to see immediately; but, in about time, I went, and found the parlour door open, and the plate was gone; an opposite neighbour saw a woman come into the house; I pursued as she directed, but could not meet with her. Mr. Poupard, a pawnbroker, brought me the spoons, (3 table spoons produced in court.) these are my property which I lost at that time, he stopt them, and is here to give the court an account of it. I know nothing of the prisoner's, only Dilly acknowledged in my hearing before the justice, that he had the spoons in his custody.

Q. Did he say how he came by them?

Scholey. He said another man gave them to him.

Charles Kishire . I am apprentice to Mr. Poupard. These 3 spoons were brought to me on the 1st of Feb. by a man that went for a kind of a doctor, his name is Matthew Thorokey , he went with me to the prisoner Dilly's house.

Andrew Poupard . The spoons were brought to my house about 7 o'clock on the 1st of Feb. I went with the person to Dilly's house, we took him, he owned he had given the spoons to the man that brought them to pawn, we took the woman also along with him.

Q. Did Dilly say how he came by them?

Poupard. He said, a man had left them with him, and wanted him to sell them for him: being asked who that man was, he said he was a sailor in Bishopsgate-street.

Esther George . There was a woman came into my house, and offered to sell a silver milk-pot, a punch-ladle, and a sugar-cannister. She offer'd if I would fetch them out of pawn, I should have them at the same price they were pawn'd for.

Q. Who was that woman?

E. George. She was quite a stranger to me, I do not know her.

Alice Sharp . I have seen the prisoners at Mrs. George's house wrangling and fighting and making a disturbance.

Q. How long have you known them?

A. Sharp. I have known them a little while; I know no harm of them; I never saw to the value of a halfpenny-worth of ill of them.

Q. How came you to be brought here?

A. Sharp. I do not know; because I said a woman fell in fits at Mrs. George's house, which was the woman at the bar.

Poupard. Esther George said it was a woman that fell in a fit in her house that offered to sell her the plate she has mentioned.

Q. to Esther George . Is the woman at the bar the woman that offered to sell you the plate?

Esther George . I believe that she is the woman that fell in fits, and I believe that she is the same woman that offered me the things.

Richard Dymott . The prisoner has been an apprentice to me a little better than 12 months, she is about 16 years of age; I am a Book-binder, and live opposite Somerset-house in the Strand. On the 11th of Feb. after all the family were gone to bed, my house was on fire; it began among some paper shavings, in a place partitioned off for to put them in, in the passage, about 2 yards and a half from the pantry door.

Q. What quantity of shavings might there be?

Dymott. There might be a 100 or 200 weight of them; it was boarded over some little way to prevent accidents, and the fire began on the farther side, and the wainscot, and some cloaths horses, that were laid up there out of the way, were on fire, the ceiling and other parts were on fire.

Q. Do you know how it happened?

Dymott. All I know is, my maid Elizabeth Watkins told me the prisoner went down stairs after we were all in bed. I took her before Sir John Fielding , and he thought sit to bind me over to prosecute her.

Elizabeth Watkins . I am servant to the prosecutor; my mistress sent the prisoner to bed almost an hour before the rest of the family, for some misbehaviour.

Q. What was the misbehaviour?

Watkins. That I do not know, she had offended my mistress, this was about 12 at night: I went up afterwards to warm my mistress's bed, there I found the prisoner upon the stairs, I went down again with the pan, and came up with Ann Hasland to go to bed, the prisoner was then in the room where we all 3 lay, but had not got one pin out of her cloaths. I asked her, why she did not undress herself, and get into bed: she said, she must go down to the vault. As Ann Hasland was pulling her cloaths off, she put the candle out with the tail of her gown: said the prisoner, I must go down to the vault, I'll take the candle down with me, and light it. She took the candle and went down, and came up again and said, there was a fire in the parlour; she brought it up lighted. I was in bed, and in about 10 minutes I heard a violent snapping, Ann Hasland heard the same; we jumped out of bed, I smelt fire, I ran down and opened the kitchen door, there I saw it all in a flame.

Q. How far is the parlour from the place where the shavings lay?

Watkins. The parlour is the floor above it. The prisoner did not undress herself, nor prepare in the least to go to bed, but had all her cloaths on when we got out of bed.

Ann Hasland confirmed the account given by E. Watkins, with this little difference, that she had said, as you are going down, take the candle and light it; prior to her saying, she would light it.

I live in Essex. On the 31st of January I lost eight hogs from a barn in my fields; I pursued them to Smithfield, there I heard they were sold; I afterwards saw them in Wood's-Close, in the possession of Mr. Ambridge, they were then all alive: I asked Mr. Ambridge how he came by them; he said he bought them of Mr. Cockrill.

William Cockrill . I am a dealer in hogs in Smithfield; I bought 8 hogs on the 31st of Jan. of James Butcher , Nathaniel was by when I paid him for them. I sold them again to Mr. Ambridge.

Q. What did you give for them?

Cockrill. I gave 9 l. 5 s. for them, which at that time was the real value of them.

Thomas Cockrill . I am a dealer in hogs I saw my brother buy these hogs of James Butcher .

Nathaniel Hayward . I am constable, I live at Waldon, about 5 miles from Rumford; the 2 prisoners were taken up for stealing these hogs; James admitted he was guilty of stealing them.

James's Defence.

Mr. Bush and the constable came to me and said, if I would return the money I should be acquitted.

James Guilty . T .

Nathaniel Acquitted .

As the prisoners could not bring the hogs out of Essex to Smithfield without bringing them through part of Middlesex, the prosecutor had a right to have them tried by the Middlesex Jury.

Francis Eldridge . I lost the things mentioned in the indictment from the Nag's head in Hackney road ; the prisoner used to lie with me, we worked together; I did not suspect him, till Mr. Woaden took him up for stealing a pair of breeches from him.

William Foster . Mr. Woaden took a warrant against the prisoner, and we took him up; he confessed to the taking the prosecutor's things, and took us to the pawnbroker's, where we found them pawn'd by him. (Produced in court and deposed to by the prosecutor.)

Nathaniel Warner . I am a pawnbroker. On the 18th of Dec. the prisoner brought these things, here produced, and pledg'd them with me.

Prisoner's Defence.

I had been sick, and pawn'd them for want of money.

Guilty . T .

There was another indictment against him, for stealing a pair of buckskin breeches, the property of Edward Wodden .

David Braillard . I missed the things mentioned in the indictment on the 9th of Jan. he left me, and was gone for a fortnight; I met with him at the 13 cantoons near the Seven Dials; and, seeing him have my silk stockings on his legs, took him up: he confest he had taken the 2 rings, and carried them to a silversmith, and sold them; he took me to the shop where I found he had sold them.

Paul Pinard . I live in New-street, Covent-Garden. I bought 2 rings of the prisoner on the 10th of Jan. one a small wire, and the other with a garnet and 2 small diamonds on each side; I bought them on the Monday, and sold them on the Friday following.

Prosecutor. The rings I lost were such.

The prisoner said nothing in his defence.

Guilty . T .

There was another indictment against him for a single felony.

119. (L.) Lucy wife of John Gregory , otherwise Lucy Crane , spinster , was indicted, for that she, together with a certain woman unknown, in the dwelling-house of John Gregory , on Richard Marshall did make an assault, putting him in corporal fear and danger of his life, and violently taking from his person 2 guineas, and 10 halfpence his property , Feb. 8 . ++

Richard Marshall . I was coming down Fleet-Market last Tuesday was a fortnight, there a girl picked me up, this was between 12 and 1 at night.

Q. Was you sober?

Marshall. I was in liquor. She carried me to the prisoner's house, the Black Horse in Fleet-lane : as soon as ever I got in, there was a pint of wine brought up, but I called for none; they demanded 18 d. for it. I told them, I wanted no wine, nor I would have none, nor pay for none: it was in a copper pot.

Q. Who brought it up?

Marshall. A servant maid: the girl that brought me there, insisted upon my paying for it. I put my hand in my pocket and pulled out 3 s. 2 guineas and 5 d. farthing, I laid down a shilling, and said, I had not got 18 d. The girl that picked me up lent me a sixpence, she laid it down; upon that I gave her a shilling, and put my money in my pocket, and took my hat, and said, I must be gone, I did not like my situation. The girl said, she had something more to say to me, and catched hold of my coat, and put her hand to my pocket, and wanted to force me to stay in the room with her; as soon as I found I could not get shut of her, she forced one of her hands into my pocket: I catched hold of her and said, what do you mean to pick my pocket! she told me she must have another shilling of me: I said she should not, and insisted on going away: she struggled with me a good deal, and as I could not get shut of her, I yielded to give her another shilling I put my hand in my pocket, and took out my money, I gave her another shilling; I then saw the two guineas, and put them in my pocket again; the immediately forced her hand into my pocket, and said, I had stole her ring from her huger, and it was in my pocket, and she would have it out: I immediately called out and made a noise, and she likewise: immediately the girl that brought the wine up entered the room; as soon as that girl came in she seemed frighted; I was a good deal frighted; then in came another woman, a lusty jolly woman, (such as the prisoner) she had a bed-gown on, no hat nor cloak, she asked what was the matter?

Q. Look at the prisoner at the bar, do you know her?

Marshall. I am called here upon my oath, but to take an oath that she was the woman, I can not. I think that woman was something younger; with the fright I was pretty well got sober; whoever the woman was, she came round me, and with a saint voice said, Curse you, be quiet! She gave me a slight blow, but did not hurt me; I got from them, but they intangled me at the back part of the door, and threw me on the bed, and the lusty woman held her hand on my mouth, and my hands with the other hand, while the girl that picked me up, took my money out of my pocket, and ran away with it. I had a bundle with me, which I took up, with my hat and wig, which were down in the scuffle; then I came down stairs as fast as I could, but one of the women stopped me on the stairs, and desired I would not run over her, which I apprehended was to give the other time to get away. I saw a man in the house, but I cannot swear to him.

Jonathan Atkins . I am constable, this was my watch-night. When this person was robbed, he came to the door, and sent a watchman up to the watch-house; I went down with the man he sent, there I saw him standing at the door; he said, are you constable of the night? I said, yes; then he said, I insist upon your breaking this door open. It was not quite clear to me whether I could answer it or not; I knocked at it, and found it fast, it was equal to that of breaking a stone wall. He said, he had never quitted the door, and he believed the two persons that had robbed him were both in the house, and that one of them was a very lusty woman with a pale face. I asked him, in what manner he was robbed? he said, a girl picked him up in Fleet-market, and gave the same account he has here in court; I judged that lusty woman to be the woman of the house, the prisoner. I live in the neighbourhood, and knew her before; it is a bad house, for my watch-night before there was a person robbed in that house of 2 guineas; there is hardly a night but there is robbery or murder cried there. There are about six or eight such houses in that same Fleet-lane.

Samuel Robinson . I live in the parish of Aldgate , and keep a linnendraper's shop. Last Friday morning between 2 and 3 o'clock I heard my bell ring, a man with a lanthorn called to me to come down, he told me my shop was robbed. I put on my cloaths and went down, I found the iron bar that goes cross the shutters, was drawn out; there was the watchman with a young woman that he was guarding home; the two shutters were taken down, and the glass was broke all to pieces, some lay in the street, and some within; the watchman, coming over the hill, found a bit of brown cloth with 6 of my handkerchiefs in it, and 2 other handkerchiefs that had been in it, lying near the others. In the morning I went to Justice Fielding, thinking he could give me some directions; the clerk told me, I must advertise the things, and a reward. I came home and had some bills printed and dispatched them to the pawnbrokers, and on the Saturday I had an account of a bit of lawn that had been offered to pawn. I sent my apprentice to see if it was mine; he came and told me, he had seen my mark on it, and could swear it was my property. The prosecutor sent the young woman that brought it to him to pawn, and one of his neighbours with it, in my house; I found it to be my property. The young woman said, she would carry me to the person that had given it to her. I got an officer, and proceeded six of us to the house, there was the prisoner Lyon. The young woman asked her, how she could serve her so to send her to pawn goods that were stolen? Lyon said, she had sent her with no stolen goods: then I shewed her the cloth, and desired her to tell me, how she came by it? she said, she found it; I asked her, where and when? she said, yesterday morning about 6 o'clock in East-Smithfield, wrapt up in a bit of paper, on the ground: I desired to know, how she could say she found it on the ground when it was quite clean. Several of the company desired her to confess the truth, and give an account of her confederates; she said, she had no accomplice, nor she would discover none. The officer and I went to Justice Berry for a search-warrant. I told the clerk, there was a man in the prisoner's lodgings with her that looked like a sailor, and asked, if I should bring him? he said, bring him and all the people you find in her room. We had a search-warrant, and urged her again to confess before we began to search; she would not confess any thing, but said, if this would hang her, she would be hang'd for it. The officer searched under the bolster of her bed, we found 2 silk and cotton handkerchiefs; between the feather-bed and the matting we found a Southsea handkerchief, and the rest here was tied up in a silk handkerchief and put between the head-board and the wall, when the board was taken away it fell on the ground; then the prisoner began to cry; we took them and her before the Justice, a great many have my pencil mark upon them, (about 50 handkerchiefs produced in court) these were all in my shop the day before. The Justice desired to know, how she came by them? she said, she found them on the Friday morning about 6 o'clock in East-Smithfield, as she was going to Billingsgate to buy fish; the Justice blamed her very much for going so much out of her way. Then the prisoner Martin was examined. The Justice asked him, what business he had there at the prisoner's lodgings? he said, he came to get a little girl that was there to go and take a pair of shoes of his out of pawn.

Q. Did you see a little girl there?

Robinson. I did, she appeared to be about 10 years of age. The justice asked him how long he had been on shore, and what ship he had been on board, and what money he had when he came on shore; he said 6 guineas; and by his own account he had but 16 s. 6 d. a month. The justice asked, how long ago it was that he had pawn'd his shoes; he was very inconsistent in his answers: the justice asked him where he laid; he said, with his mother in Spittlefields, with a tall sailor that used to come to the prisoner Lyon, one James Connor . The justice ordered us a search warrant; we went and searched his lodgings at his mother's; the mother was a basket-woman that attends Leadenhall market, she was not at home; we looked in at a hole big enough to put my hand in, we saw it was an ordinary room, with only one bed in it, we could view the room all over; we were informed by the neighbours that he did not lodge there, and that his mother had not seen him for some time, we could not find where he lodged: we found James Connor , he was a watchman, but he did not answer the description that Martin gave of him, he was a shortish man, he went voluntary with us, it appeared he was upon his duty that night as a watchman, and he was sent home about hi s business. We took the prisoner Lyon apart, and told her, she certainly would be acquitted if she would tell the truth: at last she said, if you will discharge us all, I will tell you the whole story; this the justice's clerk and several others heard. I told her, I would discharge her, and all that were innocent: when she found I would not discharge the whole, she said, I did it all myself, let me be hanged, and there's an end of it. After that she went in to be farther examined, and he committed them, and bound me over to prosecute. It went very hard with me, to think this woman must suffer, for what I know she could not of herself effect. I went to her yesterday in Newgate, there she would not own so far as she had before; I did all in my power to save her life; she says she is but 18 years old, I do not think she is above 4 or 5 and 20.

Hannah Burroughs . I am a pawnbroker; the prosecutor's young man came to me on Friday night, and gave me information his master had been robbed, and desired I would stop any thing that I suspected; on the Saturday morning, a little after 10, Mary Horton came and offered me a piece of linnen to pawn; I stopt it and her, and sent for Mr. Robinson; I know nothing of the 2 prisoners.

Mary Horton . I carried this linnen to Mrs. Burrough's to pawn, I had it of Elizabeth Lyon , Mrs. Burrough's stopt it, and sent for the gentleman; I went with them to the prisoner Lyon's room, there was the other prisoner along with her, he was not there when she sent me.

Q. Had you ever seen him in her room before?

Horton. I never did but once or twice before, I had a good opinion of her, she used to keep very good hours.

Joseph Cox . I am headborough. I went with Mr. Robinson to the prisoner Lyon's lodging; she said she found this bit of linnen that was stopt at the pawnbrokers. I was at the searching her lodgings, and found all these things there as Mr. Robinson has before mentioned.

John Prosser . I was at Mrs. Burroughs's when Mary Horton brought in the lawn to pawn; Mrs. Burroughs said she had an order to stop all such things; then she sent for Mr. Robinson, he came, and said it was his property; I saw the other goods found in Lyon's room.

Lyon said nothing in her Defence.

Martin's Defence.

I went to get my shoes out of pawn, and asked for Sarah Barker , who had carried them, to fetch them again; I never was there but once in my life.

Elizabeth Gibson . I am a pewterer , in partnership with Ann Smith ; about a month or 5 weeks ago I missed some ink-stands and dishes, about a fortnight after I missed some more; the second time I missed some, I advised with a neighbour what to do, he advised me to set a watch: on the Saturday before the prisoner was taken ( which was on a Monday) was the first of my setting a watch; on the Monday I missed a large dish; Charles Dunlop, whom I set to watch, saw her take it, he went and brought her back with it; then I went for a constable; she confest she had robbed me 3 times, and had pawn'd the goods: the constable went by her direction, and brought the goods to my shop, and carried her and them before my Lord-Mayor. (Produced in court and deposed to.)

Charles Dunlop . I was set to watch; on the Monday the woman went twice by the door, and the third time she came in; I was sitting in a closet, and looked through a sash window; at first she came in about half the length of the counter, then she came on to the end of the counter, and took a dish, and clapt it under her arm, and went out directly; I followed her, she went into a baker's shop, then I charged her; she delivered the dish to Thomas Dennis , Mr. Gibson's apprentice, who went with me.

Thomas Dennis confirmed the account given by the last witness.

George Curtoice . On the 22d of Jan. last the prisoner brought 3 ink-stands to pawn, she said they were her husband's, and that he was a maker of them, and lived in the Minories; after that the constable came and demanded them, and I delivered them to him.

The prisoner said nothing in her defence, but called John Wilson , who had known her 20 years. Thomas Hornby 25, John Thorn , as long as he has known any body, Francis Lawley almost 4, Richard Pugh and Mrs. Keys from an infant, Mrs. Lewis 7, and Mrs. Ludford 8 or 9 years, all which gave her a good character.

Guilty . T .

123, 124. (L.) Mary Edwards , spinster , was indicted for stealing 40 s. 6 d. in money , the property of Edward Tailsworth , and Rebecca wife of Joseph Edwards , for feloniously inciting, procuring, counselling, and commanding the said Mary to commit the said felony, as an accessary before the fact , Feb. 7 . +

Edward Tailsworth. Mary Edwards is between 13 and 14 years of age, she was servant to me.

Q. Where do you live?

Tailsworth. I live in Leadenhall-market , and keep a public-house. I missed money several times out of my drawer, I taxed her with taking it, she owned she did take it; I missed between 3 and 4 l. in the whole, and she owned to the taking money at several times before my Lord-Mayor.

Q. What do you know against the mother?

Tailsworth. I know nothing more than that she used to come after the daughter, I used to bid her keep away, I know nothing more than what the girl has said.

William Lobourn and John Tailsworth deposed to that of hearing the girl confess she took away money at several times, her master's property, and gave it to her mother.

Mary Guilty . T .

Rebecca Acquitted .

125, 126. (M.) James Holden , and Ann Holden , were indicted, the first for stealing 85 wooden bobbins with 3 pounds weight of silk, val. 6 l. and divers other bobbins with silk and silk and worsted , the property of Ebenezer Atkinson , and Ann for receiving the same, knowing them to be stolen , Jan. 24 . *

Ebenezer Atkinson . I am a weaver , and live in Spittlefields , the prisoner Thomas Holden has been a servant with me 4 or 5 months, to do my business that we have to do: about the middle of Jan. last we had 2 small parcels of silk came in, one of the weight of 20 lb. 20 z. the other 17 lb. 5 oz this silk was delivered into the care of the servant that has the care of raw silk before it is put to do; several days after the silk came in, he came to us in the counting-house, and told us the last parcel of silk weighed 16 lb. upon which I said he had tied them in separate bags, which I was sure had been untied; he said, they were done up different to what they were when he did them: I did not at that time suspect they were stolen, but thought that (it being evening) he might have mixed them together himself, so told him to let it alone till morning; in the morning we examined and weighed the other parcel, which wanted 1 lb. 2 oz. in the whole was wanting 2 lb. 1 oz. this made me suspcious: the prisoner had warp'd one parcel of silk that day; my man asked me if I had ordered him to warp another cane? I told him no; he said there was as much silk gone as goes to the warping. A cane contains 126 yards of silk and worsted together, this silk is only a part; I was more suspicious, and in the morning went to a neighbour that had frequently been in things of this sort; we went and got a warrant of Justice Somerville, but he desired us to lay a trap for him; accordingly my partner and I threw a parcel of bobbins in the way, marked, and the next morning found them in the same condition we left them: we had the day before sent for some bobbins to wind silk, and there not being enough, we put them in a drawer; my apprentice came in the morning, and asked me, if I had taken one of the bobbins out? I went, and found one missing; my partner said, he thought it was came to serve the warrant; for, though we could not fix upon any one, it was time to search: he was obliged to go out, so the whole weight of the affair fell upon me. I went to the gentleman's I mentioned first, and we went and searched the house where Holden lived; when we searched the lower room, we found small quantities of worsted that was our property, this was upon the second floor.

Q. In what manner did it lie?

Atkinson. There was some in a trunk about 18 inches broad, I know it to be my property, it being a peculiar sort: Mrs. Holden wanted to go up stairs, but was refused, I insisted upon going with her; when we came into the room, it appeared more like a warehouse than any thing else; there was worsted on the floor to a great amount; upon opening a hat-box we saw several bobbins of orange-colour silk, together with some pink, we had missed the pink the first thing, but we had not missed the orange, they were worth about 2 s. 6 d. a bobbin; in a trunk I found, I believe, 60 bobbins more, and I think some of the pink silk, there was in the same box a large painted Christmass-box, on the opening of which we found 14 l. 2 s. 6 d.

Q. Are you certain that these things you found were your goods?

Atkinson. I am positive that these things we found in the box, &c. were my property.

Q. When did you take him up?

Atkinson. I took him up on the same day that I found these bobbins, and delivered him into the custody of the constable; he asked me what he must do with him? I told him to carry him to the watch-house.

Q. What did he say at the watch-house?

Atkinson. He said it was the first time, if I would forgive him he would do so no more: these bobbins are most of them mark'd with my name, (produc'd in court) besides they are mark'd with our windster's mark. We took the mother to the alehouse, and told her, that the way to have favour, would be to confess. She confess'd that he dealt with Abraham Stevens in Halfmoon alley. She is employed as a winder of worsted with us. He confessed the taking of silk to my man, to the amount of 18 s and I went to my man's house, and there saw 42 bobbins of yellow shade, which is 24 oz. the bobbins being marked, and having the persons names on them, I can swear to some of them, but not to all.

Edward Cocker . I am a servant to Mr. Atkinson. I was present at the search, and saw the bobbins taken out of the box. I can swear to the bobbins, being marked with my master's name.

Q. from James Holden . How can you swear to the bobbins, when my master buys old bobbins of people when they leave off trade?

Cocker. I ticketed them from the windster's book. The woman wanted to go up stairs, and after we found them, she said she knew nothing of the matter.

Hezekiah Brace. I am headborough. I was present at the search, and saw the bobbins taken out of the trunk; he confessed to me that he had dealt with Stevens several years, he did not say whose silk he sold. I went to the public-house, and asked the mother the same question; she said, that upon the 25th of Jan. she carried a parcel of silk to Mr. Stevens, and that she received no money; and that she carried a parcel the week before, but did not know whose it was.

James Hewler . I am watchman. Mr. Atkinson sent, and said he had taken a man up, I called for assistance, they desired an officer; I heard the prisoner James say, this was mostly all his master's silk.

James Holden 's Defence.

I am innocent of the affair, I know nothing of it.

James Holden Guilty . T .

Ann Acquitted .

127, 128. (M.) Margaret, wife of David Allen , was indicted for stealing 30 pounds wt. of beef, val. 5 s. and one oxe's tongue, val. 1 s. the property of David Sullivan , and Jennet Wilson for receiving the same, well knowing the same to have been stolen , Feb. 14 . ~

Both acquitted .

129. (M.) Thomas Wise was indicted for stealing 2 guineas of John Green in the dwelling-house of John Mallet , Feb. 15 . ~

John Green. I live in Tottenham-Court-Road ; the prisoner worked for me, I spin packthread and twine .

Q. In whose house do you live?

Green. I live in a room in the house of John Mallet . Last Shrove-Tuesday I took out one guinea and then another and slung them in my wife's lap; she took them both, and wrapt them up in an old cloth, and tied them in a knot, and put them into a drawer in a pair of chest of drawers, she did not lock the drawer; the prisoner was in the room at the time, and saw me give them to my wife, I was cold, coming in out of the snow, and sat by the fire; there being a parcel of hemp lying so that it in part kept me from seeing the prisoner; I did not see him at the drawer. I went to bed, after which my wife going to the drawer for something, missed the money, the knot was cut off in which it had been tied. The prisoner came to work the next morning, but made off about noon, and I went over the water and took him between 9 and 10 at night, at his own home in Southwark. I told him I had lost 2 guineas, and no body could have it but you. We walked a little way, he was between the constable and me; then he said, if we would go back with him he would give me part of the money; he owned he cut the knot off the rag, and took it out. Then we went to a public house, where the Justice was: we took one guinea out of the prisoner's shoe. He had 2 shillings besides about him. He owned he took it out of my drawer before the Justice; he owned the guinea in his shoe was my property.

John Lockyer . I heard the prisoner own, he took the 2 guineas out of my master the prosecutor's drawer. I asked him, if he did not take it when I went out for a pot of twopenny? he said he did much about that time. The weather being bad, we were all in the master's room, till the weather was better.

Prisoner's Defence.

I am as innocent as the child unborn. That last witness was in the room as well as I when the money was lost. I sav'd that money up that they found upon me, and fearing I should be brought into trouble, I gave it him.

The prisoner lodged in the house of the prosecutor, the breeches were missing, she was suspected of taking them, she was taken up and charged with it, and she owned she did take them, that she pawned them, and begged mercy.

Guilty . T .

131. (M.) Daniel Blake was indicted for that he, not having the fear of God before his eyes, but being moved by the instigation of the devil, on the 1st of Feb. on John Murcott did make an assault, and with malice aforethought, with a certain knife. value 1 d. on the throat of the said John wilfully did strike and cut, giving to him on his throat one mortal wound, the length of 4 inches and depth of 3 inches, of which mortal wound he instantly died .

Mr. Benjamin Cotes and Mr. John Warton , having been on the Coroner's Jury, desired not to be on this, and William Lightfoot and Samuel Jones were sworn in their stead for this trial.

After the indictment was read, Mr. Cox, council for the prosecution, spoke as follows:

May it please your Lordship; and you Gentlemen of the Jury,

I am council in this case on behalf of the prosecution against the prisoner Daniel Blake , who now stands charged with a soul murder committed (by him, as I am instructed to say) on the person of John Murcott , his fellow-servant.

Gentlemen, this is one of those kinds of murders, which, like many thousands of others, are so far committed in secret, that no one can swear to their being present, and seeing the fatal blow given. The consequence of which is, the evidence now to be laid before you, (except what appears from the confession of the prisoner) will depend upon circumstances merely; but they are circumstances of that kind, so connected, so cemented together, and so explanatory of one another, that I dare say they will have the effect with you, as hitherto they have had with other people: they will leave no doubt with you with regard to the prisoner at the bar. The facts are so strong, and the prisoner's case so melancholly, that I shall do little more than name them to you.

It will appear in evidence, that the person called John Murcott , was butler to Lord Dacre, that on the evening of Monday the 31st of Jan. last, he was not very well; he went into the housekeeper's room, and there complained that he was ill; that the housekeeper made him some small tea, or something of that kind; that he had all the appearance of calmness and serenity, and no other complaint than a common cold, or some flight disorder. Some little time after this he complained of being hungry; he had something to eat and drink; he went to bed sober, perfectly so, and the next morning was found dead, with all the horrid circumstances of murder about him; his throat was cut, and he had violent blows on his head: you will hear what knives and things were there to induce the world to believe he murder'd himself.

It is our business to shew you, why we call upon the prisoner at the bar to answer for his offence.

We shall shew this in the following manner: that prior to the day when this fact was committed, the prisoner was in very great poverty; he was drove to such distress, as to want a single shilling; but upon the day the murder was committed, things were changed, for that very day, before noon, he paid some small sums of money, he applied to the very person to whom he had complained a day or two before of his poverty, (and where he had left his silver buckles in pawn) and, without any solicitation, paid a debt to that person.

On the same day he went to another person, to whom he owed some money for washing, paid her, and told her he had received the money of his uncle, and though this was done on the day the poor man was murdered, (and you know murder occasions conversation in every family in the neighbourhood) yet when he paid this money, he took no notice of this man's death, and did not so much as mention one single circumstance of it.

Upon the same day that the murder was committed, (so far were his circumstances alter'd) he bought linnen cloth to the value of 8 l. and on the same day he gave directions to a person to make it up into shirts, and he then (sorry I am to bring this circumstance home to him by giving his generosity in evidence) made a present to a child belonging to that person, of half a guinea. He paid on the same day 25 s. for a pair of breeches; and the next day, he was not satisfied with buying necessaries, but it will appear to you, he became extravagant, for he bought himself a watch.

Gentlemen, it will appear to you, that at the time this murder was supposed to be committed, a noise was heard on the stairs, and it was suspected to be by the prisoner's going backwards and forwards. There were many circumstances of the like kind, but as I have had notice that all the witnesses will not be here, I would not open willingly any fact that shall not be proved in evidence, it being expected that the trial would not come on till tomorrow.

I mention these circumstances, because I would not have a man in his unhappy situation be too much affected by what comes out of my mouth; therefore were the proofs to rest on what I have opened to you, few people can doubt of the prisoner's guilt, But more remains behind.

He was afterwards taken up, and before a Magistrate, after having repeated warning to be catious what he said, and after being told that all admissions might be used as evidence against his own life, he, struck with a proper contrition for his offence, and willing to deliver his fellow-servants from this heavy charge, he acknowledged, he murdered this man. He did it in so deliberate a way, he calls for pen and ink, and desires him to write it down; on writing the word murder, he asked how it was spelt, and being informed, he took the pen in his own hand, and wrote these four words, I MURDERED THE MAN. This he wrote before the magistrate, who then was enquiring after the murder of John Murcott , and therefore the words could be applied to nothing but the murder of that very man. After that he signed a formal confession, and, I believe, he wrote a letter to the Noble Lord whom he served, acknowledging he was guilty of this fact.

These facts, Gentlemen, are so connected, that I dare say, when they are proved in the manner I have opened them, you can do no less than find the unhappy prisoner guilty.

John Barnfield , sworn.

John Barnfield . I am porter to my Lord Dacre, in Burton-street, Berkley-square . On Tuesday morning, the 1st of this instant Feb. the prisoner called me up between 7 and 8 o'clock, and told me it was that time.

Q. How long had he lived in the family?

Barnfield. He had lived in the family about 10 or 12 weeks.

Q. In what capacity?

Barnfield. He was my Lady's footman . As soon as he had called me, he went down stairs; I believe he might be down about 5 minutes before me.

Q. Where did you lie?

Barnfield. There are 2 beds in the garret, the prisoner and my Lord's footman lay in one bed, and I in the other. When I came down he was cleaning the plate in the servant's hall, I went into the butler's pantry, and fetched that part of the plate which I cleaned; at 8 o'clock the prisoner had done his plate, and was carrying it into the butler's pantry to put it up, I said, Daniel, call Mr. Murcott up, it is 8 o'clock.

Q. Who was Mr. Murcott?

Barnfield. He was butler to my Lord. When he came back into the servant's hall, I said, Daniel, did you call Mr. Murcott? he said, Yes, I called him two or three times, but he never spoke. Then I said, Daniel, go and call him, and make him speak, you must awake him; at which he made no answer. When I had done my plate, I went to dry a cloth, and wipe it over, I put it up in the butler's pantry in the chest, after that I went and read the news in the laundry; in the mean time my Lord's bell rang, and Mrs. Jones called me to call Mr. Murcott, and said, my Lord's bell rang: I went to call him, I called 5 or 6 times, he never spoke; I laid my hand on the bed, and found he was there, I shook him pretty hard, he never stirred; I thought to myself, God bless me, the man is dead sure, or dead asleep; the cloaths were thrown over his face, I pulled them from his face and found them all bloody; then I went back into the housekeeper's room, and told my Lady's maid, and the housekeeper, that I believed he was dead, for I could not make him move, and his face was all bloody, then my Lady's woman, named Fortiscue, came and pulled the cloaths more down from his face, and near his breast saw a knife, I was there but did not knife; she went on the other side of the and said, let us see if we can lift him up; she on one side, and I on the other, we lifted him up; then his head dropt quite back, and we saw his was cut, on each side as far almost as un ears, (describing it with his own fingers) and quite deep.

Q. Did you see the prisoner soon after this?

Barnfield. Yes, he had been out for some mussins and French rolls, for breakfast, he came in while we were in the pantry, he went to the door, and came out directly, and fell in a great crying and ringing his hands; I bid him not make a noise, for it was a great misfortune, and my Lord and Lady would hear of it too soon.

Q. Was it mentioned to the prisoner that the deceased was dead?

Barnfield. It was directly on his coming in.

Q. What did he say?

Barnfield. He said nothing further.

Q. Do you know of any thing afterwards that relates to this matter?

Barnfield. No, nothing at all.

Q. Did you observe whether there were any other marks of violence?

Barnfield. I saw a cut on the side of the deceased's temple that morning, when I went to look at him about an hour afterwards, it seemed a longish cut, near the temple, about 2 inches long.

Q. Whether it appeared to be a clean cut with a knife, or whether it appeared to be a bruise?

Barnfield. There appeared to be a bruise with-all, besides the cut.

Q. Did you examine that wound, to see if it was deep?

Barnfield. I did not.

Q. Whereabouts in the house did the deceased lie?

Barnfield. He lay in the pantry below stairs, that is down stairs from the street, one pair of stairs below the street, upon the kitchen floor.

Q. When had you seen Mr. Murcott last, before you found him dead?

Barnfield. I saw him about 12 o'clock, when I went to bed.

Q. When did the prisoner go to bed?

Barnfield. He went to bed along with me, and the other footman staid for something to be made hot for his cold.

Q. Can you tell in what condition Mr. Murcott was for liquor when he went to bed?

Barnfield. I cannot.

Q. Do you remember the prisoner getting up?

Barnfield. I knew nothing of his getting up, I heard nothing of him till between 7 and 8 o'clock.

Mary Miller . I am house-maid at my Lord Dacre's.

Q. What part of the house do you lie in?

Miller. I lie in that part of the house that is even with the footman's room. I did not see Mr. Murcott on the Monday night, I went to bed about 8 o'clock.

Q. Did you hear any disturbance in the house that night?

Miller. No I did not. The laundry-maid and the kitchen-maid went down in the morning; about one o'clock, as the watch went one, I went down soon after, it was our washing morning; I went and looked at the clock, it was half an hour after one.

Q. Where did you stay from that time till morning light?

Miller. I went down into the laundry, and took a basket of cloaths, and carried them into the wash-house; the laundry is a great way from the wash-house; the laundry is below stairs down from the street, and the wash-house is farther on, on the same floor where the pantry is.

Q. How far is the wash-house from the place where the butler used to keep his plate?

Miller. The wash-house is a good distance from the pantry, farther than the breadth of this court. Carrying the basket of cloaths, I met the kitchen-maid, after that I went into the kitchen.

Q. What time might you go to breakfast?

Miller. That was about 2. The laundry maid went to light the fire about 4; she came down to me as I was washing, and told me it was about 4 o'clock.

Q. Did you hear any noise or any disturbance during any part of that morning?

Miller. About half an hour after 5 o'clock I went down to the laundry, and was looking at a new gown, I thought I heard somebody come out of Mr. Murcott's pantry, and go into the house-keeper's room, and back again into the pantry, and I thought I heard somebody rattling the plate about; I said, Daniel is up by times nobody made me any answer.

Q. You say, you thought you heard; did you hear the plate rattle, are you sure?

Miller. Yes, I am sensible I heard the plate rattle.

Q. Do you mean you imagine you heard somebody go out, or did you hear a person move about?

Miller. I thought I heard him step.

Q. The noise you heard of a person, as you supposed, did it found like shoes, or a person without shoes?

Miller. That I did not so much observe. I saw the pantry door open, I went in, I had my gown going to carry it up stairs; I knew Mr. Murcott was out on the Monday, and I did not know where he was gone; seeing the bed down (it was a turn-up bed) I was not frightened at all, I went to the foot of the bed, I did not see any body in bed, but I thought I heard him snore.

Q. Do you mean by your saying you thought, you were in any doubt, or did you hear him snore?

Miller. That I cannot tell, I did not stand to mind that, he was laid over head and ears, the cloaths were turned over his head, and his coat and waistcoat were all on a heap at the foot of the bed, the bed cloaths lay very smooth, I could not see any thing of his head.

Q. Had you a candle with you?

Miller. Yes. After that I went up stairs to call my fellow-servant, I went to look also at the clock, it was half an hour after 5; I thought, as I was going up stairs, I heard somebody go up stairs before me without shoes, but I did not see any body.

Q. What occasioned you to think so?

Miller. I saw the footman's room door a little way open, and I thought he might be gone to bed again; I go by the prisoner's room door to my room. I lighted the candle, and went down stairs into the wash house, and said to the laundry-maid, is Daniel here? she said no. I said, if he is not here he is in the kitchen. I went into the kitchen, and back again, and said, Daniel it not there, I fancy he is gone to bed again, for I thought I heard somebody go up before me.

Q. How came you to think it was Daniel?

Miller. He used to get up to clean his plate on a washing morning, and I thought he was got up too soon, and was gone to bed again. The laundry maid said, Molly, go and draw a little beer. I thought she spoke to me, but she spoke to the kitchen-maid. I went to the pantry, and found the door open; I went in, and drawed some small beer, and left the door open as I found it.

Prisoner. I believe she is not certain of my going up stairs, for I went up stairs with my shoes on.

John Bond . I am a chairman, I have known the prisoner about 12 months, I carry a lady that he did serve. I remember the morning this unhappy affair was talked of; the prisoner came to me that morning between 8 and 9 o'clock; I did not hear the man was dead till the evening.

Q. What day of the week was it?

Bond. It was on a Tuesday. The prisoner owed me some money, I heard him call Bond; I jumped out of bed, and threw up the sash; he said, I want to speak with you, I am come to pay you some money I owe you: he came into the room, and threw me half a guinea, (it was for lodging) I gave him change, he paid 8 s. then he wanted the key, to take out some things from his trunk, he having sent a man, while he was at this place, for some things out of it; I went to look for the key in my other coat pocket, he said, I'll be here again in 10 minutes, and went away, and soon returned; I gave him the key, he took out what he had a mind to, and went home; and about 10 or 15 minutes before 4 o'clock he came again, and took out a music book for pricking down tunes in. I said, what do you do with that old trunk? Said he, I am going to Monmouth-street to buy a box. I said, I can sell you one, I have 3 or 4 up stairs; he went up, and bought one of me for 3 s. 6 d. I changed him a guinea, and gave him half a guinea, a 5 s. and 3 d. and the rest in silver, and he paid me, and called for a pot of beer.

Q. How long had he lived at my Lord Dacre's?

Bond. As far as I understand between nine and ten weeks.

Q. Do you know whether he was worth any money when he came from his last place?

Bond. He had some money coming to him, but it was but a trifle I believe.

Q. Did he leave any thing with you on account of this debt?

Bond. He owned my wife 14 s. for washing, and he left a pair of silver buckles with her; that was before he came to my Lord Dacre's services, that was when he left Mrs. Clift; he left them when she went out of town, and when she came to town again he came in three or four weeks time and paid the money, and took the buckles.

Mary Pain . I am a washer-woman, I know the prisoner, I washed for him.

Q. Had you any conversation with him the Friday or Saturday before this accident happen'd?

Pain. He told me, he would come and pay me 3 s. and 10 d. which he owed me. Some time before, and on the Friday, he owed me 4 s. 10 d. he told me, if one shilling would be of service to me I should have it, but he could not give me any more till Sunday or Monday. This money had been running up three weeks or a month.

Q. Did he give you any reason why he could not pay you any more at that time?

Pain. He said, he had a grand-mother was dead and had left him 10 l.

Q. When did you see him next?

Pain. On the Tuesday evening, that this unhappy affair happened. I had not heard of it then. He came about candle lighting; he paid me what he owed me.

Q. Did he at that time say any thing about this unhappy accident?

Pain. No, he never mentioned it.

Q. When did you see him again?

Pain. On the Wednesday morning, a little after 9 o'clock; he desired my little boy to carry him up a shirt about half an hour after 10.

Q. Did he say any thing about this unhappy accident then?

Pain. No, he said nothing about it then.

Thomas French . I am a linnendraper, and live at the Sun in Bond-street; I never saw the prisoner before the 1st of Feb. He came to me in the morning and bought some linnen of me to the amount of 8 l. 1 s. 8 d. He left 2 guineas with my servant, and said, he would pay the remainder when he came for the goods; I was then not at home. In the evening he came, I was then at home, he paid the remainder to me, and took the linnen away. I believe the money he paid was 8 l. 1 s. 6 d. I know no more; only I was at Sir John Fielding 's, and heard him confess the murder.

Q. to Barnfield. Did you see the knife that was found in the deceased's bed?

Barnfield. I did some time in the day after, it was all bloody; it was one of my Lord's knives that we dine with, a silver handled common table case knife.

Q. Where did they stand?

Barnfield. The clean and foul knives are all put together in the pant ry with the rest of the plate.

Mary Gregory . I take in washing and needle-work; on Tuesday the 1st of February, in the morning, the day this unhappy accident happened, the prisoner came to me between 11 and 12 o'clock; he told me if I would call in Hanover Square (at Sir Francis Clark 's) at night, he would let me have some shirts to make; he gave a child of mine, that is about two years and an half old, half a guinea; I went, he was there, and had brought a piece of Irish cloth, there was one piece of 25 yards, the other 26; he delivered one piece to me, and some muslin to make him some neckcloths; he delivered one of the pieces then, and the other on Friday morning; when he came he did not mention one word of the unhappy affair of the man's being murder'd; but when he came again on the Friday, he said, there had been an unhappy affair in their house; I asked him what it was; he said the butler had murdered himself, and added, if his lady should make him butler, what a fine fellow he should be; he should wear fine lac'd cloaths, and he had already got them.

Fermer Hast. I lodge in Pall-Mall; I am a surgeon; there was a message sent from my lord Dacres for Mr. Hawkins to come there; Mr. Hawkins sent me, I went about 9 in the morning on the 1st of February: I found the man dead; I returned; after that my lord sent to Mr. Hawkins desiring he would let me be there the next morning to attend the Coroner. I went between ten and eleven; I found the deceased's throat cut through, and the wind-pipe and the large blood-vessels were divided. I discovered a wound on the right temple, a little above the ear. Feeling about the wound, I perceived an unevenness of the bone underneath, and upon removing the sealp round the wound, I discovered a large fracture. There were two small wounds on the right corner of the lip, and another likewise on the head, near the other place.

Q. What did you think those wounds had been given by?

Hast. The fracture must have been given by something weighty, from the extent of that and the wound.

Q. Cou'd that wound have been given by the deceased himself?

Hast. I should suppose not, it was a large fracture.

Q. What say you as to the cut on the throat?

Hast. It was a very large wound on the throat.

Q. Do you imagine a wound in the manner that appeared to you, that a person could have made such an incision upon his own throat?

Hast. I should not have thought it in a man's power to make such a wound on himself.

Q. You must have some reason for forming that judgement.

Hast. Because there was a fracture on the head, and that also no man could be able to cut his own throat in that manner; it is impossible, alter that wound on the head, that that cut could have been done by himself; the wound on the head was mortal, after that was given, which must be by a blow, I suppose, he never stirred afterwards.

Elizabeth Helt . I live at my Lord Dacre's, I am laundry-maid. (She produced a strong kitchen poker very much bent.) I remember seeing this poker by the side of the laundry-fire the night before this unhappy accident, it was very strait then; I found it bent in this condition before the accident was heard of in the house, and made observation of its being thus bent; this was about 7 o'clock; I found it in the laundry-fire, I had not put it there over night.

William Marsden . I am clerk to Sir John Fielding . I was present when the prisoner was examined before him. I was at my Lord's house best part of two days. He was examined with the rest of the servants, then no guilt appeared on him any more than the rest, till the second day; then some circumstances appeared, that pointed with some suspicion at him. (The first day he was examined upon oath, the second he was not.) He was ordered into custody, and sent to the Justice's house. He was there charged with laying out that money that has been mentioned; to answer that he said, he had received 10 guineas the week before from his own brother. I went to his brother, who is a baker in Little Britain, and found that account to be false. I think he was committed to New Prison on Thursday night. He stiffly denied the fact there. He had wrote a letter, that occasioned his being examined again before the Justice that evening. He confessed the taking the money, that was 20 guineas, out of a cupboard, but denied the murder for some time; but at last he said, there needs no inquiry. The gentleman present seemed to take it as if he was going to make a confession. He, being hand-cuffed, said, if they would let these things be taken off, and give him the use of pen, ink, and paper, he would satisfy every body. I was directed to give him paper; I gave him a piece that I have here. (Producing a paper.) He first put the letter I, and addressed himself to me and said, how do you spell murder? It struck me, it was an improper thing for me to dictate. There were several noblemen there, and I think it was the Earl of Sandwich told him how to spell it, then he writes the rest as it stands here. This is his own hand-writing; it is, I murder'd the man. (The clerk of arraigns reads it, &c.). Sir John Fielding said, this is not enough, I murder'd the man; what man? then the prisoner said, I will tell you all the circumstances as it happened. Then he was told by Sir John, it was putting a halter about his own neck, or words to that effect; he was told the consequence of signing such a confession, and asked, whether it was a voluntary thing? he declared, he desired to do it to prevent any innocent person being charged with the same fact. Then this paper (producing another paper) I took down from him, he dictated the contents of it, it is his own words, he did it under this admonition. At first when he had wrote the first paper, he seemed to have his mind easier than it was before, he seemed to talk more reasonable. I read this his confession over to him before he signed it.

It is read to this purport.

Middlesex, to wit. The Examination and voluntary Confession of Daniel Blake , taken down before us three of his Majesty's Justices of the Peace for the County of Middlesex, this 5th of February, 1763.

"This Examinant voluntarily confesseth, and

"says, that on Tuesday morning last, about 5

"o'clock, he entered the room of Mr. John

"Murcott, late butler to Lord Dacre, and on

"seeing the said John Murcott lying in his bed,

"it came into his head to murder him; accordingly

"he went into the laundry, where he found

"a large poker, with which he struck the said

" John Murcott two violent blows, and that he

"then with a knife cut his throat, and that he

"instantly expired. And farther says, the day

"before he committed this horried crime, he took

"20 guineas out of his room, which he found

"in a cupboard, wrapt up in a paper: and he

"does not make this confession from any threats

"or persuasion whatsoever, but freely from conscious

"guilt, and that no innocent person may

"be charged with the same wicked fact. And

"he took out of his pocket, after he was dead.

"3 guineas and a half in gold.

" Daniel Blake ".

Signed before us, John Fielding , John Cox , Thomas Kynaston .

Prisoner's Defence.

I took the money out of Mr. Murcott's cupboard, I said I took it out of a cupboard in his room, I did not think it was Mr. Murcott's money. I have nothing to say for myself any farther than this: at the time I came down stairs, I had no thoughts of doing it, - Murder the man I did.

Guilty , Death .

Being asked, what he had to say why sentence of death should not be passed upon him, he said,

To be sure it is a horrible murder, I am sorry. for it, and I desire to die for it. A light shone before me when I went up stairs, and then it vanished from me,

He received sentence immediately, this being Thursday, to be executed on the Saturday following, and his body dissected and anatomized. He was executed accordingly, and his body hung in chains on Hounslow-Heath .

132. (M.) Ann wife of John Nash , was indicted for stealing two promissory notes of hand, for the payment of money, commonly called bank notes, made, signed, and subscribed for, and on behalf of the governor and company of the bank of England, for 50 l. each, the property of Joshua Tinsdale , in the dwelling-house of Matthew Kilpin , Jan. 21 . +

Joshua Tinsdale . On the 21st of Jan. I lost two bank notes out of my chest where I lodge, in the house of Matthew Kilpin , in Duke-street, Spittlefields , I had seen them 5 days before. The prisoner and her husband were taken up on suspicion, they lived in the same house, she is sister to Mr. Kilpin; she told her sister where the notes were paid away, one I found accordingly at Mrs. Triquets, a Silversmith, in the Strand. The prisoner at the bar told me she had taken the two notes from me before I went for it; and said, nobody was concerned with her in it: the other note she owned she had paid away to Mr. Sharp, a Linnen-draper, in Cheapside. I went there, he said he had had it changed; I found that, by tracing it in the hands of Mr. Roaper in St. Martin's Lane. I cannot be so positive as to the particulars of that note; I cannot say that was mine, any further than the prisoner told me it was one of mine.

Magdalen Triquet. I keep a silversmith's shop in the Strand. I believe the prisoner is the person that came to my shop to buy some spoons, and changed this bank note. ( A note produced in court and deposed to by the prosecutor as one of the two be lost) this note never was out of my hands but one day; my eldest son, that lives in Craven-Street, changed it for smaller notes. When the prosecutor came for it, I sent my youngest son, that lives with me, to his brother for it.

The prosecutor deposed, that upon searching the prisoner's lodgings, there were one hundred and three pounds found which they could give no manner of account how they came by, except forty pounds which the prisoner's husband's father had sent him. Also the plate was found, and the same produced and deposed to by the marks on them.

William Glover . I am engineer , and work at the London bridge fire engine. On the 12th of last Dec. about a quarter before nine in the morning, the prisoner stopped and robbed me betwixt Stepney and Bromley ; he passed me about a yard, then he turned back, and pulled out a pistol, and bid me deliver my watch; after I had delivered that, he cocked his pistol, and asked me if I had any money; I gave him 7 s.

Q. Suppose he had not had a pistol, should you have delivered your watch and money?

Glover. Yes, for he had got a great stick under his right arm: he told me, if I stirred a step after him he would turn again and blow my brains out; then he ran away towards Stepney, and I went towards my own home. I never saw him after till yesterday morning in the cage at White-chapel, I am certain he is the man; then I went to Justice Pell, he sent for the prisoner, and I swore to him.

Q. Did you ever get your watch again?

Glover. No, I never did.

Prisoner. He has since said he was robbed by two men. Was you robbed by one man or two?

Glover. I was robbed by you. Here is a person here whom I met afterwards, to whom I told I was robbed.

Q. from a Juryman. We should be glad to hear that man examined.

William Oliver . I met the prosecutor that Sunday morning a little after 9 o'clock, he was coming to Westham, I came from there, he seemed in a sort of a fright; I asked him how he did, he said he had just been robbed coming over the fields.

Q. Did he say he had been robbed by one or two people?

Oliver. He said by two men.

Q. What did he say he had been robbed of?

Oliver. He said of his watch and 13 s. 6 d.

Q. Are you certain he said 13 s. 6 d.

Oliver. I am.

Q. to prosecutor. Were there two men that robbed you or one?

Prosecutor. The prisoner robbed me first; there was another that followed him, but I should not know him if I was to see him.

Q. How came you to vary from 7 s. to 13 s. 6 d.

Prosecutor. The other man took the other money.

Prisoner. I was at Mr. Mills's a public-house, the time this man says he was robbed.

He called Mr. Mills, who deposed the prisoner used to come to his house almost every Sunday; he could not recollect that day from the rest, but he believed he was at his house that forenoon. And John Burton , for whom he worked, deposed he believed he was at Mr. Mills's, a public house at Limehouse, that morning 2 or 3 hours, and that he was with him. They both gave him a good character.

Grace Poole . My husband's name is William. The prisoner, her husband, and about 6 in all in company were drinking together in our house, the Coach-and-horses in Blue Anchor Alley : I missed a tankard when I went to bed; I went to the prisoner's house, she and her husband were both in bed, I told him, I thought they had got my tankard; he said, he knew nothing of it, but bid me look in the drawers, there I found it: the prisoner owned she took it, but said, she did not know how she came to do it, being very much in liquor; she appeared so, from the manner I found her in her room. She has a very honest character as far as I ever heard.

Jonas Philips , and William Hutchinson , deposed to seeing the tankard found in the prisoner's drawer. They, together with Robert Adoway, gave her a good character.

Mary Warren . Last Saturday was fortnight the prisoner came to me, and asked, how many puddings I sold for 6 d. I said 8. Then she asked, how I sold sausages a pound? I said, a groat. She desired me to put her up 3 pounds in her basket, then she desired 3 pounds more, and as many puddings as came to 2 s. I turned about to reach six pennyworth of puddings for another customer, and detected her with her hand in my pocket; I took hold of her hand, and in it were 3 s. and 3 halfpence; then she took and throwed my goods out of her basket in the dirt, and got away.

Q. How old is she?

Warren. She is 10 or 11 years of age.

Acq.

See her trial No 38 in this Mayoralty.

136, 137. (M.) William Matthias . and James Barclay , were indicted for that they on William Allen did make an assault and in a forcible and violent manner did demand the money of the said William, with intent the same to steal , &c. Feb. 15 . *

William Allen deposed, that he was at Pancrass on Shrove-Tuesday, in company with David Jones , returning to town about 10 at night, they saw the two prisoners, one had a lighted link in his hand, on the grass in the middle of the field, they turned round and came into the path, meeting them; that as they came near he said, Hollo, my friends, what do you want? one of them answered, D - n your eyes, your money; that he answered, except you are a better man than I, you shall have none of me; that he went up to Matthias, and took him by the collar; that a battle ensued between the four; that himself and Mr. Jones were sober, he could not say the prisoners were quite so, but were able to make a stout resistance; that at last they conquered them, and tied their hands, and beinging them along, Matthias got away, the other was delivered in the watch-house, and Matthias taken at home next morning.

David Jones gave the same account, with this addition, that he had an oaken stick which he broke upon them, then they all fell to with their fists.

James Everit , the constable, deposed, Barclay was brought to him to the watch-house very dirty, he believed very drunk; and that there were many evidences in court ready to give all four good characters.

The prisoners in their defence said, they had been drinking together at the George at Pancrass; that they got very fuddled; they bought a link, and missed their way, but the prosecutor and his companion called to them, what answers they made they could not recollect; that they got very much bear and bruised, they called murder, and begged for mercy, but no assistance came.

Mr. Armstrong, who keeps Pancrass Wells, deposed, the prosecutor and David Jones went away from thence sober that night.

Charles Meredith , an upholster, deposed, he was at the George at Pancrass that evening; that the two prisoners went away about half an hour after 9, so much in liquor that he did not think they were able to defend themselves in case they should meet with any bad people, that he desired them to leave their watches and money in the landlord's hands; and that Matthias did leave his watch.

Mr. Bevan, who keeps the George, deposed to th e same purport, and had then the watch in his pocket.

James Pinock , a coach-maker, deposed, Matthias rented 15 l. a year of him; that he had a very good character; that he is a man of property, and earns a good deal of money of him in the tire-smith way.

Richard Capps , a butcher in St. James's market, deposed to the character of Barclay as that of a very honest man.

John Benn . I live in Winifred-street ; I know nothing no farther than that I lost 16 guineas, the prisoner picked it out of my pocket in a house where I lodge, when I was asleep.

Q. How do you know what was done when you was asleep?

Benn. I have a witness here that saw her take it out.

Q. What had she to do in your bed room?

Benn. It was not in my room, it was done in the taphouse, in the house where I lodge.

Q. How came you into her company?

Benn. I happened to be a little in liquor; she kept company along with me, as a company keeper.

Q. How long had you kept company together?

Benn. To the best of my knowledge 9 or 10 weeks; we lived together in the same manner as man and wife.

Court. Now you find her expensive you are tired of her.

Benn. If she had not ran away from me I would not have prosecuted her.

Court. Then it is not for the sake of the 16 guineas that you prosecute, but because she ran away from you.

Benn. Sixteen guineas is a good deal of money too, I should like to have the spending of it.

Q. Who would you spend it upon?

Benn. I do not believe I should spend it all on her.

Q. Who bought the provision, you or she?

Benn. I always paid for provision; I would not have trusted her if I had not been in liquor.

Q. What became of her after she got it?

Benn. She went out of the house.

Q. Did she return again?

Benn. Yes, she came in again, and lay with me that night, and in the morning she went out, and I did not see her again till Tuesday.

Acquitted .

139. (M.) William Mason , was indicted for stealing 900 pounds weight of hemp, val. 14 l. the property of John Tompson , and John Smith , in their warehouse , Jan. 10 . *

William Smith . John Smith and I are partners, we are Rope makers , and live in Sun-tavern fields, the prisoner was our journeyman several years; we missed goods at diverse times, I hearing there was a quantity of hemp in his cellar, I took an officer and searched, and found 900 weight of hemp in his possession: the prisoner said, a Twine-spinner, name Samuel Watts , rented his cellar of him for a warehouse, at 30 shillings a year. Mr. Watts was sent for, he said, the hemp was not his property, and that he did not rent the cellar of the prisoner.

Thomas Chrisly . I am foreman to the prosecutors. He deposed to the finding the hemp locked up in the prisoner's custody, and that the prisoner confessed to him it was the property of the prosecutors.

Anthony Fitzer , the officer, deposed to the finding the hemp in the prisoner's cellar.

Prisoner's Defence.

I bought this hemp of a seafaring man, who called himself a mate of a ship.

He called several persons who gave him a very good character.

Guilty of stealing, but not privately in the warehouse . B .

140. (M.) Patrick Carroll , was indicted for stealing two shirts, val. 12 s. two stocks, one silver stock buckle, one silk handkerchief, one cotton handkerchief, a pair of stockings, two guineas, four half guineas, and 15 s. in money, the property of Jonas Wingrave , in the dwelling-house of John Sewel , Feb. 1 . +

The prosecutor was a drummer in the guards , the prisoner was a soldier in the same company; they lay together at the Brown Bear, Covent Garden , the things mentioned were missing, and the shirts both found on the prisoner's back, and the stockings on his legs, he confessed the taking the whole.

Guilty of stealing, but not in the dwelling-house . T .

Morris Delany , John Collins , and William Champ , capitally convicted in January Sessions, were executed pursuant to their Sentence, on Wednesday the 9th of February.

The Trials being ended, the Court proceeded to give Judgment as follows: